Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
New York Law Journal | Analysis
By Marc L. Greenwald and James Meehan | February 2, 2021
On Oct. 21, 2020, President Trump signed the Due Process Protections Act. While the act does not contain the sweeping substantive changes to 'Brady' disclosures that were proposed in the FDEA, it represents an important step toward ensuring that the accused has access to exculpatory evidence that could prove their innocence.
By Andrew Peck, Jennifer Feldman, Leeanne Mancari and Dennis Kiker | January 29, 2021
This article provides a framework for making defensible deletion an attainable goal. If the process has been well-planned, executed, and documented, the risk of sanctions for inadvertent spoliation of evidence is slight.
By C. Ryan Barber | January 27, 2021
For the U.S. attorney's office in Washington, it has required an all-hands effort, pulling in prosecutors with varied expertise and backgrounds bringing cases over everything from bank robbery and sanctions violations to espionage and murder.
New York Law Journal | Analysis
By Julian B. Modesti and Meaghan T. Feenan | January 27, 2021
A discussion of the most common evidentiary obstacles trusts and estates litigators should be aware of, including: (1) the probate exception to the attorney-client privilege; (2) how to invoke the Three-Two Year Rule; and (3) the Dead Man's statute.
New York Law Journal | Analysis
By John C. Browne and Jeremy P. Robinson | December 29, 2020
In this article, the authors note the COVID-related rise to prominence of video depositions, outline various key considerations and argue for their continued relevance in a post-quarantine world.
New York Law Journal | Analysis
By David Paul Horowitz and Lukas M. Horowitz | December 18, 2020
In their Burden of Proof column, David Paul Horowitz and Lukas M. Horowitz explore how properly deploying or opposing admissions, which are one of the most frequently used hearsay exceptions, can mean the difference between winning and losing your case.
By Adrienne B. Koch | December 11, 2020
Although discovery in aid of a foreign proceeding under 28 U.S.C. §1782 is often granted with relative ease, recent cases illustrate that such discovery is far from automatic.
By Jason Grant | December 9, 2020
"As long as they continue to assert title, we can't sell the artworks," said the lawyer for the Jewish heirs to an Austrian 1920s art collector who had owned the Egon Schiele paintings before the Nazis imprisoned him. The heirs are claiming that money interest on the artworks continues to grow as the interest amount is disputed and leave for appeal on the merits is sought.
New York Law Journal | Analysis
By Michael J. Hutter | December 2, 2020
In his Evidence column, Michael J. Hutter discusses three "worthy" Second Department decisions focusing on aspects of the business records exception to the hearsay rule which are frequently overlooked or misunderstood by litigants.
New York Law Journal | Analysis
By Reed Brodsky, Avi Weitzman and David Salant | December 1, 2020
While the DPPA does not alter the government's substantive 'Brady' obligations, it sends a meaningful message to federal prosecutors, lays the foundation for potential contempt-of-court and sanctions recourse for 'Brady' violations, and could therefore prove a useful tool for federal criminal practitioners.
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